Body Corporate By-Laws: What You Need to Know Before You Buy
Thinking about buying an apartment or townhouse in Queensland? Before you sign on the dotted line, you'll want to understand the by-laws that'll govern your new home. These rules can affect everything from whether you can have a pet to what colour you paint your front door.
What If You Sign a Contract and Then Don't Like the By-Laws?
Queensland's new disclosure laws (which came into effect from 1 August 2025) offer important protections for buyers who find themselves in this situation.
Before You Sign
Sellers are now legally required to provide you with a Body Corporate Certificate (BCCM Form 33 or 34) and a copy of the Community Management Statement before you sign the contract. This includes all the by-laws.
This is a significant change from the old "buyer beware" approach. The seller must give you this information upfront, not after you've committed to the purchase.
Your Termination Rights
If the seller doesn't comply with these disclosure requirements, you have the right to terminate the contract at any time up until settlement. This applies if:
- The body corporate certificate or by-laws weren't provided before you signed
- The information provided was inaccurate or incomplete
- Material information about the by-laws was withheld
This means if you discover after signing that there's a by-law prohibiting pets (and you have a dog), or restricting short-term rentals (and you were planning to use it as an Airbnb), you may have grounds to terminate the contract—provided the information wasn't properly disclosed to you before signing.
The key takeaway? Actually read the by-laws before you sign. Don't just rely on verbal assurances. Check they align with your lifestyle and plans for the property.
What Exactly Are By-Laws?
By-laws are the agreed-upon rules that all owners and residents need to follow in your building or complex. While all body corporates in Queensland follow state legislation, each one also has its own specific by-laws that cover day-to-day living.
These rules typically cover things like:
- Using shared spaces (pools, BBQ areas, visitor parking)
- Keeping pets
- Noise restrictions
- Changes to your unit's appearance
- Renovations and alterations
There are two main types you'll encounter:
General by-laws set out what you can and can't do throughout the scheme, while exclusive use by-laws grant you the right to use certain common property areas (like your carpark or courtyard) and explain how you need to maintain them.
Where Do You Find Your By-Laws?
Your conveyancer will typically order a copy of the Community Management Statement (CMS) as part of their standard property searches. This document is registered with the Titles Office and contains the by-laws along with other important information about the body corporate.
However, it's not always straightforward, especially with older buildings where the by-laws might not be clearly documented in the CMS.
Which By-Laws Apply to Your Property?
Buildings Created After 13 July 1997
If your building was created after this date, the CMS must be registered with the Titles Office. If there are no specific by-laws listed in the CMS, the standard by-laws from Schedule 4 of the Body Corporate and Community Management Act 1997 automatically apply.
Whenever the body corporate changes the by-laws, they must register a new CMS with the Titles Office, which makes the old one obsolete.
Important to note: exclusive use of common property areas can only be granted through a by-law that's included in the CMS. If it's not recorded there for a post-1997 building, the exclusive use right doesn't exist.
Buildings Created Between 3 November 1980 and 13 July 1997
For buildings from this era, if by-laws are listed in the CMS, those are the ones that apply (unless a newer CMS has been registered since).
If there are no by-laws in the CMS, the standard by-laws from Schedule 3 of the Building Units and Group Titles Act 1980 apply, plus any amendments that have been registered with the Titles Office. You'll find these amendments listed on the common property title.
Like newer buildings, exclusive use can only be granted through a by-law recorded with Titles. No record means no exclusive use rights.
Buildings Created Before 3 November 1980
This is where it gets a bit more complex. If by-laws are listed in the CMS, those apply (unless a newer CMS has been registered).
If there are no by-laws in the CMS, you'll need to piece together the relevant rules from several different documents, including Schedule 3 of BUGTA, Schedule 2 of either the Building Units Title Act 1965 or the Group Titles Act 1973 (depending which Act the body corporate was registered under), and any amendments recorded with the Titles Office.
Recent Changes You Should Know About
As of May 2024, there have been some significant updates to body corporate laws in Queensland:
- Pet-friendly rules: Body corporates can no longer have blanket bans on pets, and there are limits on what reasons they can use to refuse pet requests
- Smoking restrictions: Body corporates can now make by-laws that prohibit smoking (including vaping) in common areas and outdoor spaces like balconies
- Vehicle towing: Body corporates now have clearer authority to tow vehicles that are illegally parked, without going through the usual dispute resolution process
Why These Rules Matter
The by-laws you're agreeing to will affect your daily life in the property. Before you commit to a purchase, take time to understand what restrictions or requirements apply. Your conveyancer will review these documents as part of their standard searches and can flag any potential issues.
The Bottom Line
Understanding body corporate by-laws before you buy can save you from nasty surprises down the track. Your conveyancer will review these as part of their standard searches, but it's worth having a conversation about any specific concerns you have—especially around pets, renovations, parking, or how you plan to use outdoor spaces.
Buying an apartment or townhouse in Queensland? Contact us at Cozee Law. We can help you navigate your property purchase and ensure you're fully aware of all by-laws, restrictions, and what they mean for your lifestyle before you commit.